Communications (Retention of Data) Act 2011


Amendment of section 8 (Review of operation of Act by judge of High Court) of Act of 1993.

11.— Section 8 of the Act of 1993 is amended by the substitution of the following for subsection (1):

“(1) The President of the High Court shall from time to time after consulting with the Minister invite a person who is a judge of the High Court to undertake (while serving as such a judge) the duties specified in this section and section 12 of the Communications (Retention of Data) Act 2011 and, if the invitation is accepted, the Government shall designate the judge for the purposes of this Act and the Communications (Retention of Data) Act 2011.

(1A) Subsection (1) does not affect the functions of the Data Protection Commissioner under section 10 of the Data Protection Act 1988.”.


Modifications (not altering text):


Functions transferred and references to “Data Protection Commissioner” and “Office of the Data Protection Commission” construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 14(1), (2), (4), in effect as per ss. 9, 14(4).

Note establishment of the Data Protection Commission (25.05.2018) by Data Protection Act 2018 (7/2018), s. 10(1), in effect as per s. 9.

Transfer of functions of Data Protection Commissioner to Commission

14. (1) All functions that, immediately before the establishment day, were vested in the Data Protection Commissioner are transferred to the Commission.

(2) A reference in any enactment or instrument under an enactment to the Data Protection Commissioner or to the Office of the Data Protection Commissioner shall be construed as a reference to the Commission.


(4) This section shall come into operation on the establishment day.